CHAPTER 25 - PERSONNEL; GENERAL PROVISIONS

Title 14 > CHAPTER 25

Sections (29)

§ 2501 Grade on retirement

(a) Commissioned Officers.— A commissioned officer who is retired under any provision of this title, shall be retired from active service with the highest grade held by the commissioned officer for not less than six months while on active duty in which, as determined by the Secretary, the commissioned officer’s performance of duty was satisfactory. When a commissioned officer is under investigation for alleged misconduct at the time of retirement— the Secretary may conditionally determine the highest grade of satisfactory service of the commissioned officer pending completion of the investigation; and the grade under subparagraph (A) is subject to resolution under subsection (c)(2).

(b) Warrant Officers.— Any warrant officer who is retired under any provision of section 580, 1263, 1293, or 1305 of title 10, shall be retired from active service with the highest commissioned grade above chief warrant officer, W–4, held by the warrant officer for not less than six months on active duty in which, as determined by the Secretary, the warrant officer’s performance of duty was satisfactory.

(c) Retirement in Lower Grade.— In the case of a commissioned officer whom the Secretary determines committed misconduct in a lower grade, the Secretary may determine the commissioned officer has not served satisfactorily in any grade equal to or higher than that lower grade. A determination of the retired grade of a commissioned officer shall be resolved following a conditional determination under subsection (a)(2) if the investigation of or personnel action against the commissioned officer results in adverse findings. If the retired grade of a commissioned officer is reduced pursuant to this subsection, the retired pay of the commissioned officer shall be recalculated under chapter 71 of title 10, and any modification of the retired pay of the commissioned officer shall go into effect on the effective date of the reduction in retired grade.

(d) Finality of Retired Grade Determinations.— Except as provided in paragraph (2), a determination of the retired grade of a commissioned officer under this section is administratively final on the day the commissioned officer is retired, and may not be reopened. A determination of the retired grade of a commissioned officer may be reopened if— the retirement or retired grade of the commissioned officer was procured by fraud; substantial evidence comes to light after the retirement that could have led to a lower retired grade under this section and such evidence was not known by a competent authority at the time of retirement; substantial evidence comes to light that, during the commissioned service of the officer, the officer failed to carry out applicable laws, with an intent to deceive or defraud; substantial evidence comes to light after the retirement that the officer committed rape or sexual assault, as described in sections 920(a) and 920(b) of title 10 (articles 120(a) and 120(b) of the Uniform Code of Military Justice) at any time during the commissioned service of the officer; substantial evidence comes to light after the retirement that the commissioned officer knew of and failed to report through proper channels, in accordance with existing law at the time of the alleged incident, any known instances of sexual assault by a member of the Coast Guard under the command of the officer during the officer’s service; a mistake of law or calculation was made in the determination of the retired grade; in the case of a retired grade following a conditional determination under subsection (a)(2), the investigation of or personnel action against the commissioned officer results in adverse findings; or the Secretary determines, under regulations prescribed by the Secretary, that good cause exists to reopen the determination. If a determination of the retired grade of a commissioned officer is reopened under paragraph (2), the Secretary— shall notify the commissioned officer of the reopening; and may not make an adverse determination on the retired grade of the commissioned officer until the commissioned officer has had a reasonable opportunity to respond regarding the basis of the reopening. If the retired grade of a commissioned officer is reduced through the reopening of the commissioned officer’s retired grade under paragraph (2), the retired pay of the commissioned officer shall be recalculated under chapter 71 of title 10, and any modification of the retired pay of the commissioned officer shall go into effect on the effective date of the reduction in retired grade.

(e) Inapplicability to Commissioned Warrant Officers.— This section, including subsection (b), shall not apply to commissioned warrant officers.

§ 2502 Retirement

(a) Every commissioned officer, warrant officer, or enlisted member who is retired under any provisions of this title shall be retired with the permanent grade or rate held at the time of retirement, unless entitled to retire with a higher grade or rate under any provision of this title or any other law.

(b) Where an officer is entitled, under any provision of law, to retire with one grade higher than the grade in which serving at the time of retirement, the next higher grade in the case of captain shall be rear admiral (lower half), and the next higher grade in the case of commissioned warrant officer shall be lieutenant (junior grade).

§ 2503 Status of recalled personnel

All retired personnel when recalled to active duty shall serve in the grade or rate in which they were serving at the time of retirement. ( Aug. 4, 1949, ch. 393 , 63 Stat. 524 , § 422; Pub. L. 99–348, title II, § 205(b)(10) , July 1, 1986 , 100 Stat. 700 ; renumbered § 2503, Pub. L. 115–282, title I, § 114(b) , Dec. 4, 2018 , 132 Stat. 4223 .)

§ 2504 Computation of retired pay

(a) The retired pay of a member who first became a member of a uniformed service (as defined in section 101 of title 10 ) before September 8, 1980 , is determined by multiplying— the sum of— the basic pay of the member’s retired grade or rate, and all permanent additions thereto including longevity credit to which the member was entitled at the time of retirement; by the retired pay multiplier determined under section 1409 of title 10 for the number of years of service that may be credited to the member under section 1405 of such title. In the case of an officer who served as Commandant, retired pay under paragraph (1) shall be computed at the highest rate of basic pay applicable to the officer while so serving. In the case of an enlisted member who served as the master chief petty officer of the Coast Guard, retired pay under paragraph (1) shall be computed at the highest rate of basic pay to which the member was entitled while so serving, if that basic pay is greater than the basic pay of the grade or rate to which the member is otherwise entitled at the time of retirement. In the case of an officer whose retired pay is computed on the pay of a grade for which basic pay is not based upon years of service, retired pay under paragraph (1) shall be computed on the basis of the number of years of service for which the officer would be entitled to credit in the computation of pay on the active list had the officer been serving in the grade of captain at the time of retirement.

(b) The retired pay of a member who first became a member of a uniformed service (as defined in section 101 of title 10 ) on or after September 8, 1980 , is determined by multiplying— the retired pay base determined under section 1407 of title 10 ; by the retired pay multiplier determined under section 1409 of title 10 for the number of years of service that may be credited to the member under section 1405 of such title.

(c) In computing for the purpose of subsection (a) or (b) the number of years of service that may be credited to a member under section 1405 of title 10 — each full month of service that is in addition to the number of full years of service creditable to the member shall be counted as 1 ⁄ 12 of a year; and any remaining fractional part of a month shall be disregarded. Retired pay computed under this section, if not a multiple of $1,shallberoundedtothenextlowermultipleof$1.

(d) In addition to amounts computed pursuant to subsections (a) through (c) of this section, a full TSP member (as defined in section 8440e(a) of title 5 ) of the Coast Guard is entitled to continuation pay pursuant to section 356 of title 37 .

§ 2505 Limitations on retirement and retired pay

(a) The provisions of any section of this title shall not be construed so as to prevent any member from being placed on the retired list with the highest grade or rate and the highest retired pay to which the member may be entitled under the provisions of any other section of this title or under any other law.

(b) In no case may the retired pay of a member exceed 75 percent of (1) the sum of the active-duty pay and all permanent additions thereto (including longevity credit to which the member is entitled) of the grade or rate on which the member’s pay is computed, or (2) the retired pay base determined under section 1407 of title 10 , as appropriate.

§ 2506 Suspension of payment of retired pay of members who are absent from the United States to avoid prosecution

Under procedures prescribed by the Secretary, the Secretary may suspend the payment of the retired pay of a member or former member during periods in which the member willfully remains outside the United States to avoid criminal prosecution or civil liability. The procedures shall address the types of criminal offenses and civil proceedings for which the procedures may be used, including the offenses specified in section 8312 of title 5 , and the manner by which a member, upon the return of the member to the United States, may obtain retired pay withheld during the member’s absence. (Added Pub. L. 107–295, title IV, § 444(a) , Nov. 25, 2002 , 116 Stat. 2132 , § 424a; renumbered § 2506, Pub. L. 115–282, title I, § 114(b) , Dec. 4, 2018 , 132 Stat. 4223 .)

§ 2507 Board for Correction of Military Records deadline

(a) Deadline for Completion of Action.— The Secretary shall complete processing of an application for correction of military records under section 1552 of title 10 by not later than 10 months after the date the Secretary receives the completed application.

(b) Remedies Deemed Exhausted.— Ten months after a complete application for correction of military records is received by the Board for Correction of Military Records of the Coast Guard, administrative remedies are deemed to have been exhausted, and— if the Board has rendered a recommended decision, its recommendation shall be final agency action and not subject to further review or approval within the department in which the Coast Guard is operating; or if the Board has not rendered a recommended decision, agency action is deemed to have been unreasonably delayed or withheld and the applicant is entitled to— an order under section 706(1) of title 5 , directing final action be taken within 30 days from the date the order is entered; and from amounts appropriated to the department in which the Coast Guard is operating, the costs of obtaining the order, including a reasonable attorney’s fee.

§ 2508 Emergency leave retention authority

(a) In General.— A duty assignment for an active duty member of the Coast Guard in support of a declaration of a major disaster or emergency by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq.) or in response to a spill of national significance shall be treated, for the purpose of section 701(e) of title 10 , as a duty assignment in support of a contingency operation.

(b) Definitions.— In this section: The term “spill of national significance” means a discharge of oil or a hazardous substance that is declared by the Commandant to be a spill of national significance. The term “discharge” has the meaning given that term in section 1001 of the Oil Pollution Act of 1990 ( 33 U.S.C. 2701 ).

§ 2509 Prohibition of certain involuntary administrative separations

(a) In General.— Except as provided in subsection (b), the Secretary may not authorize the involuntary administrative separation of a covered individual based on a determination that the covered individual is unsuitable for deployment or other assignment due to a medical condition of the covered individual considered by a Physical Evaluation Board during an evaluation of the covered individual that resulted in the covered individual being determined to be fit for duty.

(b) Reevaluation.— The Secretary may require a Physical Evaluation Board to reevaluate any covered individual if the Secretary determines there is reason to believe that a medical condition of the covered individual considered by a Physical Evaluation Board during an evaluation of the covered individual renders the covered individual unsuitable for continued duty. A covered individual who is determined, based on a reevaluation under paragraph (1), to be unfit to perform the duties of the covered individual’s office, grade, rank, or rating may be retired or separated for physical disability under chapter 61 of title 10.

(c) Covered Individual Defined.— In this section, the term “covered individual” means any member of the Coast Guard who has been determined by a Physical Evaluation Board, pursuant to a physical evaluation by that board, to be fit for duty.

§ 2510 Sea service letters

(a) In General.— The Secretary shall provide a sea service letter to a member or former member of the Coast Guard who— accumulated sea service on a vessel of the Armed Forces (as such term is defined in section 527(e)); and requests such letter.

(b) Deadline.— Not later than 30 days after receiving a request for a sea service letter from a member or former member of the Coast Guard under subsection (a), the Secretary shall provide such letter to such member or former member if such member or former member satisfies the requirement under subsection (a)(1).

§ 2511 Investigations of flag officers and Senior Executive Service employees

In conducting an investigation into an allegation of misconduct by a flag officer or member of the Senior Executive Service serving in the Coast Guard, the Inspector General of the Department of Homeland Security shall— conduct the investigation in a manner consistent with Department of Defense policies for such an investigation; and consult with the Inspector General of the Department of Defense. (Added Pub. L. 114–120, title II, § 220(a) , Feb. 8, 2016 , 130 Stat. 48 , § 430; renumbered § 2511, Pub. L. 115–282, title I, § 114(b) , Dec. 4, 2018 , 132 Stat. 4223 .)

§ 2512 Family leave policies for the Coast Guard

(a) In General.— Except as provided in subsection (b), not later than 1 year after the date on which the Secretary of the Navy promulgates a new rule, policy, or memorandum pursuant to section 704 of title 10 or, with respect to the reserve component of the Coast Guard, the Secretary of Defense promulgates a new regulation for members of the reserve component of the Coast Guard pursuant to section 711 of title 10 , with respect to leave associated with the birth or placement of a minor child with the member for adoption or long term foster care, the Secretary of the department in which the Coast Guard is operating shall promulgate a similar rule, policy, or memorandum that provides leave to officers, enlisted members, and members of the reserve component of the Coast Guard that is equal in duration and compensation to that provided by the Secretary of the Navy or, with respect to members of the reserve component of the Coast Guard, the Secretary of Defense.

(b) Leave Associated With Birth or Placement of Minor Child With Member for Adoption or Long Term Foster Care.— Notwithstanding subsection (a), sections 701, 704, and 711 of title 10, or any other provision of law, all officers, enlisted members, and members of the reserve component of the Coast Guard shall be authorized leave associated with the birth, adoption, or long term foster care of a child during the 1-year period following such birth, placement of a minor child with the member for long-term foster care, or adoption, and, at the discretion of the Commanding Officer, such officer or, enlisted member, or member of the reserve component shall be permitted— to take such leave in increments; and to use flexible work schedules (pursuant to a program established by the Secretary in accordance with chapter 61 of title 5).

(c) Period of Leave.— The Secretary of the department in which the Coast Guard is operating, may authorize leave described under subparagraph 1 (b) to be taken after the one-year period described in subparagraph 1 (b) in the case of a member described in subsection (b) who, except for this subparagraph 1 , would lose unused family leave at the end of the one-year period described in subparagraph (A) 2 as a result of— operational requirements; professional military education obligations; or other circumstances that the Secretary determines reasonable and appropriate. The regulation, rule, policy, or memorandum prescribed under paragraph 1 (a) shall require that any leave authorized to be taken after the one-year period described in subparagraph (c)(1)(A) 2 shall be taken within a reasonable period of time, as determined by the Secretary of the department in which the Coast Guard is operating, after cessation of the circumstances warranting the extended deadline.

(d) Member of the Reserve Component of the Coast Guard Defined.— In this section, the term “member of the reserve component of the Coast Guard” means a member of the Coast Guard who is a member of— the selected reserve who is entitled to compensation under section 206 of title 37 ; or the individual ready reserve who is entitled to compensation under section 206 of title 37 when attending or participating in a sufficient number of periods of inactive-duty training during a year to count the year as a qualifying year of creditable service toward eligibility for retired pay.

§ 2513 Computation of length of service

In computing length of service of officers and enlisted personnel for any purpose all creditable service in the Army, Navy, Marine Corps, Air Force, Space Force, Coast Guard, Revenue Cutter Service, and Life Saving Service shall be included in addition to any other creditable service authorized by any other law. ( Aug. 4, 1949, ch. 393 , 63 Stat. 531 , § 467; renumbered § 2513, Pub. L. 115–282, title I, § 114(b) , Dec. 4, 2018 , 132 Stat. 4223 ; Pub. L. 116–283, div. A, title IX, § 927(b)(2) , Jan. 1, 2021 , 134 Stat. 3831 .)

§ 2514 Career flexibility to enhance retention of members

(a) Programs Authorized.— The Commandant may carry out a program under which members of the Coast Guard may be inactivated from active duty in order to meet personal or professional needs and returned to active duty at the end of such period of inactivation from active duty.

(b) Period of Inactivation From Active Duty; Effect of Inactivation.— The period of inactivation from active duty under a program under this section of a member participating in the program shall be such period as the Commandant shall specify in the agreement of the member under subsection (c), except that such period may not exceed 3 years. Any service by a Reserve officer while participating in a program under this section shall be excluded from computation of the total years of service of that officer pursuant to section 14706(a) of title 10 . Any period of participation of a member in a program under this section shall not count toward— eligibility for retirement or transfer to the Ready Reserve under either chapter 841 or 1223 of title 10; or computation of retired or retainer pay under chapter 71 or 1223 of title 10.

(c) Agreement.— Each member of the Coast Guard who participates in a program under this section shall enter into a written agreement with the Commandant under which that member shall agree as follows: To accept an appointment or enlist, as applicable, and serve in the Coast Guard Ready Reserve during the period of the inactivation of the member from active duty under the program. To undergo during the period of the inactivation of the member from active duty under the program such inactive service training as the Commandant shall require in order to ensure that the member retains proficiency, at a level determined by the Commandant to be sufficient, in the military skills, professional qualifications, and physical readiness of the member during the inactivation of the member from active duty. Following completion of the period of the inactivation of the member from active duty under the program, to serve 30 days as a member of the Coast Guard on active duty for each month of the period of the inactivation of the member from active duty under the program.

(d) Conditions of Release.— The Commandant shall prescribe regulations specifying the guidelines regarding the conditions of release that must be considered and addressed in the agreement required by subsection (c). At a minimum, the Commandant shall prescribe the procedures and standards to be used to instruct a member on the obligations to be assumed by the member under paragraph (2) of such subsection while the member is released from active duty.

(e) Order to Active Duty.— Under regulations prescribed by the Commandant, a member of the Coast Guard participating in a program under this section may, in the discretion of the Commandant, be required to terminate participation in the program and be ordered to active duty.

(f) Pay and Allowances.— During each month of participation in a program under this section, a member who participates in the program shall be paid basic pay in an amount equal to two-thirtieths of the amount of monthly basic pay to which the member would otherwise be entitled under section 204 of title 37 as a member of the uniformed services on active duty in the grade and years of service of the member when the member commences participation in the program. A member who participates in such a program shall not, while participating in the program, be paid any special or incentive pay or bonus to which the member is otherwise entitled under an agreement under chapter 5 of title 37 that is in force when the member commences participation in the program. The inactivation from active duty of a member participating in a program shall not be treated as a failure of the member to perform any period of service required of the member in connection with an agreement for a special or incentive pay or bonus under chapter 5 of title 37 that is in force when the member commences participation in the program. Subject to subparagraph (B), upon the return of a member to active duty after completion by the member of participation in a program— any agreement entered into by the member under chapter 5 of title 37 for the payment of a special or incentive pay or bonus that was in force when the member commenced participation in the program shall be revived, with the term of such agreement after revival being the period of the agreement remaining to run when the member commenced participation in the program; and any special or incentive pay or bonus shall be payable to the member in accordance with the terms of the agreement concerned for the term specified in clause (i). Subparagraph (A) shall not apply to any special or incentive pay or bonus otherwise covered by such subparagraph with respect to a member if, at the time of the return of the member to active duty as described in that subparagraph— such pay or bonus is no longer authorized by law; or the member does not satisfy eligibility criteria for such pay or bonus as in effect at the time of the return of the member to active duty. Subparagraph (A) shall cease to apply to any special or incentive pay or bonus otherwise covered by such subparagraph with respect to a member if, during the term of the revived agreement of the member under subparagraph (A)(i), such pay or bonus ceases being authorized by law. A member who is ineligible for payment of a special or incentive pay or bonus otherwise covered by this paragraph by reason of subparagraph (B)(i)(II) shall be subject to the requirements for repayment of such pay or bonus in accordance with the terms of the applicable agreement of the member under chapter 5 of title 37. Any service required of a member under an agreement covered by this paragraph after the member returns to active duty as described in subparagraph (A) shall be in addition to any service required of the member under an agreement under subsection (c). Subject to subparagraph (B), a member who participates in a program is entitled, while participating in the program, to the travel and transportation allowances authorized by section 474 1 of title 37 for— travel performed from the residence of the member, at the time of release from active duty to participate in the program, to the location in the United States designated by the member as the member’s residence during the period of participation in the program; and travel performed to the residence of the member upon return to active duty at the end of the participation of the member in the program. An allowance is payable under this paragraph only with respect to travel of a member to and from a single residence. A member who participates in a program is entitled to carry forward the leave balance existing as of the day on which the member begins participation and accumulated in accordance with section 701 of title 10 , but not to exceed 60 days.

(g) Promotion.— An officer participating in a program under this section shall not, while participating in the program, be eligible for consideration for promotion under chapter 21 or 37 of this title. Upon the return of an officer to active duty after completion by the officer of participation in a program— the Commandant may adjust the date of rank of the officer in such manner as the Commandant may prescribe in regulations for purposes of this section; and the officer shall be eligible for consideration for promotion when officers of the same grade and seniority are eligible for consideration for promotion. An enlisted member participating in a program under this section shall not be eligible for consideration for advancement during the period that— begins on the date of the inactivation of the member from active duty under the program; and ends at such time after the return of the member to active duty under the program that the member is treatable as eligible for promotion by reason of time in grade and such other requirements as the Commandant shall prescribe in regulations for purposes of the program.

(h) Continued Entitlements.— A member participating in a program under this section shall, while participating in the program, be treated as a member of the Armed Forces on active duty for a period of more than 30 days for purposes of— the entitlement of the member and of the dependents of the member to medical and dental care under the provisions of chapter 55 of title 10; retirement or separation for physical disability under the provisions of chapter 61 of title 10 and chapters 21 and 23 of this title; the entitlement of the member and of the survivors of the member to all death benefits under subchapter II of chapter 75 of title 10; the provision of all travel and transportation allowances to family members of a deceased member to attend the repatriation, burial, or memorial ceremony of a deceased member as provided in section 453(f) of title 37 ; the eligibility of the member for general benefits as provided in part II of title 38; and in the case of a victim of an alleged sex-related offense (as such term is defined in section 1044e(h) of title 10 ) to the maximum extent practicable, maintaining access to— Coast Guard behavioral health resources; sexual assault prevention and response resources and programs of the Coast Guard; and Coast Guard legal resources, including, to the extent practicable, special victims’ counsel.

§ 2515 Calculation of active service

Any service described, including service described prior to the date of enactment of the Don Young Coast Guard Authorization Act of 2022, in writing, including by electronic communication, by a representative of the Coast Guard Personnel Service Center as service that counts toward total active service for regular retirement under section 2152 or section 2306 shall be considered by the President as active service for purposes of applying section 2152 or section 2306 with respect to the determination of the retirement qualification for any officer or enlisted member to whom a description was provided. (Added Pub. L. 117–263, div. K, title CXII, § 11242(a) , Dec. 23, 2022 , 136 Stat. 4040 .)

§ 2516 Members asserting post-traumatic stress disorder or traumatic brain injury

(a) Medical Examination Required.— The Secretary shall ensure that a member of the Coast Guard who has performed Coast Guard operations described in section 102, and who is diagnosed by an appropriate licensed or certified healthcare professional as experiencing post-traumatic stress disorder or traumatic brain injury or who otherwise alleges, based on the service of the member the signs and symptoms of either such a condition, receives a medical examination to evaluate a diagnosis of post-traumatic stress disorder or traumatic brain injury. A member of the Coast Guard who has been sexually assaulted during the preceding 5-year period and who alleges, based on such sexual assault, the signs and symptoms of a diagnosable mental, behavioral, or emotional disorder described within the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association— is provided the opportunity to request a medical examination to clinically evaluate such signs and symptoms; and receives such a medical examination to evaluate a diagnosis of post-traumatic stress disorder, traumatic brain injury, or diagnosable mental, behavioral, or emotional disorder described within the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. A member described in this subsection shall not be administratively separated under conditions other than honorable, including an administrative separation in lieu of a court-martial, until the results of the medical examination have been reviewed by appropriate authorities responsible for evaluating, reviewing, and approving the separation case, as determined by the Secretary. In a case involving post-traumatic stress disorder or a diagnosable mental, behavioral, or emotional disorder under this subsection, a medical examination shall be performed by— a board-certified psychiatrist; a licensed doctorate-level psychologist; any other appropriate licensed or certified healthcare professional designated by the Commandant; or a psychiatry resident or board-eligible psychologist who— has completed a 1-year internship or residency; and is under the close supervision of a board-certified psychiatrist or licensed doctorate-level psychologist. In a case involving traumatic brain injury under this subsection, a medical examination shall be performed by a physiatrist, psychiatrist, neurosurgeon, or neurologist.

(b) Purpose of Medical Examination.— The medical examination required under subsection (a) shall assess whether the effects of mental or neurocognitive disorders, including post-traumatic stress disorder and traumatic brain injury or a diagnosable mental, behavioral, or emotional disorder, constitute matters in extenuation that relate to the basis for administrative separation under conditions other than honorable or the overall characterization of the service of the member as other than honorable.

(c) Inapplicability to Proceedings Under Uniform Code of Military Justice.— The medical examination and procedures required by this section do not apply to courts-martial or other proceedings conducted pursuant to the Uniform Code of Military Justice.

([(d) Repealed. Pub. L. 119–60, div. G, title LXXII, § 7201(k)(1)(B) , Dec. 18, 2025 , 139 Stat. 1687 .]

(e) Notification of Right to Request Medical Examination.— Any member of the Coast Guard who receives a notice of involuntary administrative separation shall be advised at the time of such notice of the right of the member to request a medical examination under subsection (a) if any condition described in such subsection applies to the member. The Commandant shall— develop and issue a clear policy for carrying out the notification required under paragraph (1) with respect to any member of the Coast Guard described in that paragraph who has made an unrestricted report of sexual assault; and provide information on such policy to sexual assault response coordinators of the Coast Guard for the purpose of ensuring that such policy is communicated to members of the Coast Guard who may be eligible for a medical examination under this section.

§ 2517 Authority for certain personnel

(a) In General.— The Commandant may appoint, without regard to the provisions of subchapter I of chapter 33 (other than sections 3303 and 3328 of such chapter) of title 5, qualified candidates to any of the following positions in the competitive service (as defined in section 2102 of title 5 ) in the Coast Guard: Any category of medical or health professional positions within the Coast Guard. Any childcare services position. Any position in the Coast Guard housing office of a Coast Guard installation, the primary function of which is supervision of Coast Guard housing covered by subchapter III of chapter 29 of this title. Any nonclinical specialist position the purpose of which is the integrated primary prevention of harmful behavior, including suicide, sexual assault, harassment, domestic abuse, and child abuse. Any special agent position of the Coast Guard Investigative Service. The following positions at the Coast Guard Academy: Any civilian faculty member appointed under section 1941. A position involving the improvement of cadet health or well-being.

(b) Limitation.— The Commandant shall only appoint qualified candidates under the authority provided by subsections (a) and (b) 1 if the Commandant determines that there is a shortage of qualified candidates for the positions described in such subsection or a critical hiring need for such positions.

(c) Briefing Requirement.— Not later than 1 year after the date of enactment of the Coast Guard Authorization Act of 2025, and annually thereafter for the following 5 years, the Commandant shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written briefing which describes the use of the authority provided under this section on an annual basis, including the following: The number of employees hired under the authority provided under this section within the year for which the briefing is provided. The positions and grades for which employees were hired. A justification for the Commandant’s determination that such positions involved a shortage of qualified candidates or a critical hiring need. The number of employees who were hired under the authority provided under this section who have separated from the Coast Guard. Steps the Coast Guard has taken to engage with the Office of Personnel Management under subpart B of part 337 of title 5, Code of Federal Regulations, for positions for which the Commandant determines a direct hire authority remains necessary.

(d) Sunset.— The authority provided under subsection (a) shall expire on September 30, 2030 .

§ 2518 Command sponsorship

On request by a member of the Coast Guard assigned to Unalaska, Alaska, the Commandant shall grant command sponsorship to the dependents of such member. (Added Pub. L. 119–60, div. G, title LXXII, § 7228(a) , Dec. 18, 2025 , 139 Stat. 1708 .)

§ 2519 Prevention of and response to hazing and bullying

(a) Anti-hazing and Anti-bullying Database.— The Secretary of the department in which the Coast Guard is operating, in consultation with the Secretary of Defense, shall cooperate in the establishment and use of a comprehensive and consistent data-collection system described in section 549 of the National Defense Authorization Act for Fiscal Year 2017 ( 10 U.S.C. 113 note) for the collection of reports, including anonymous reports, of incidents of hazing or bullying.

(b) Improved Training.— The Commandant shall seek to improve training to assist members of the Coast Guard to better recognize, prevent, and respond to hazing and bullying at all command levels.

(c) Annual Reports on Hazing and Bullying.— Not later than May 31, 2026 , and annually thereafter for 5 years, the Secretary of the department in which the Coast Guard is operating shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the following: a description of efforts during the previous fiscal year— to prevent and to respond to incidents of hazing or bullying involving members of the Coast Guard; to track and encourage reporting, including reporting anonymously, incidents of hazing in the Coast Guard; and to ensure the consistent implementation of anti-hazing and anti-bullying policies. A discussion of the policies of the Coast Guard for preventing and responding to incidents of hazing. A description of comprehensive data collection systems of the Coast Guard for collecting hazing or bullying reports involving a member of the Coast Guard. A description of processes of the Coast Guard to identify, document, and report alleged instances of hazing or bullying. Such description shall include the methodology the Coast Guard uses to categorize and count potential instances of hazing or bullying. A description of any training provided to members of the Coast Guard on recognizing and preventing hazing. For the preceding 3 fiscal years in the initial report and preceding fiscal year in subsequent reports— the number of alleged and substantiated incidents of hazing involving members of the Coast Guard; a description of the nature of each such incident; and a description of the actions taken to address each such incident through nonjudicial and judicial actions. With respect to training for members of the Coast Guard on recognizing and preventing hazing and bullying, an assessment by the Commandant of— the quality of such training; the need for modifications to such training; and the need to require additional such training. An assessment by the Commandant of— the effectiveness of the Coast Guard in tracking and reporting instances of hazing or bullying; and whether the performance of the Coast Guard with respect to such tracking and reporting was satisfactory or unsatisfactory during the preceding fiscal year. Recommendations of the Commandant to improve— the policies described in paragraph (4) 1 ; the comprehensive data collection systems described in paragraph (5) 2 ; the processes described in paragraph (6) 3 ; the training described in paragraph (9) 4 ; and the Uniform Code of Military Justice or the Manual for Courts-Martial to improve the prosecution of persons alleged to have committed hazing or bullying in the Coast Guard. The status of efforts of the Commandant to evaluate the prevalence of hazing and bullying in the Coast Guard. Data on allegations of hazing and bullying in the Coast Guard, including final disposition of investigations. Plans of the Commandant to improve hazing and bullying prevention and response during the next reporting year.

§ 2521 Advisory Board on Women in the Coast Guard

(a) In General.— The Commandant shall establish within the Coast Guard an Advisory Board on Women in the Coast Guard.

(b) Membership.— The Advisory Board established under subsection (a) shall be composed of such number of members as the Commandant considers appropriate, selected by the Commandant through a public selection process from among applicants for membership on the Board. The members of the Board shall, to the extent practicable, represent the diversity of the Coast Guard. The members of the Committee shall include an equal number of each of the following: Active duty officers of the Coast Guard. Active duty enlisted members of the Coast Guard. Members of the Coast Guard Reserve. Retired members of the Coast Guard.

(c) Duties.— The Advisory Board established under subsection (a)— shall advise the Commandant on improvements to the recruitment, retention, wellbeing, and success of women serving in the Coast Guard and attending the Coast Guard Academy, including recommendations for the report on gender diversity in the Coast Guard required by section 5109 of chapter 51 of title 14; may submit to the Commandant recommendations in connection with its duties under this subsection, including recommendations to implement the advice described in paragraph (1); and may brief Congress on its duties under this subsection, including the advice described in paragraph (1) and any recommendations described in paragraph (2).

§ 2531 Comprehensive policy and procedures on retention and access to evidence and records relating to sexual misconduct and other misconduct

(a) Issuance of Policy.— Not later than 1 year after the date of enactment of the Coast Guard Authorization Act of 2025, the Secretary, in consultation with the Office of the Inspector General of the department in which the Coast Guard is operating and the Office of the Inspector General of the Department of Defense, shall issue a comprehensive policy for the Coast Guard on the retention of and access to evidence and records relating to covered misconduct involving members of the Coast Guard.

(b) Objectives.— The comprehensive policy required by subsection (a) shall revise existing policies and procedures, including systems of records, as necessary to ensure preservation of such evidence and records for periods sufficient— to ensure that members of the Coast Guard who were victims of covered misconduct are able to pursue claims for veterans benefits; to support administrative processes, criminal proceedings, and civil litigation conducted by military or civil authorities; and for such other purposes relating to the documentation of an incident of covered misconduct in the Coast Guard as the Secretary considers appropriate.

(c) Elements.— In developing the comprehensive policy required by subsection (a), the Secretary shall, at a minimum— identify records relating to an incident of covered misconduct that shall be retained; with respect to records relating to covered misconduct involving members of the Coast Guard that are not records of the Coast Guard, identify such records known to or in the possession of the Coast Guard, and set forth procedures for Coast Guard coordination with the custodian of such records for proper retention of the records; set forth criteria for the collection and retention of records relating to covered misconduct involving members of the Coast Guard; identify physical evidence and nondocumentary forms of evidence relating to covered misconduct that shall be retained; set forth the period for which evidence and records relating to covered misconduct involving members of the Coast Guard, including Coast Guard Form 6095, shall be retained, except that— any physical or forensic evidence relating to rape or sexual assault, as described in sections 920(a) and 920(b) of title 10 (articles 120(a) and 120(b) of the Uniform Code of Military Justice), shall be retained not less than 50 years, and for other covered misconduct not less than the statute of limitations of the alleged offense under the Uniform Code of Military Justice; and documentary evidence relating to rape or sexual assault, as described in sections 920(a) and 920(b) of title 10 (articles 120(a) and 120(b) of the Uniform Code of Military Justice), shall be retained not less than 50 years; consider locations in which such records shall be stored; identify media and methods that may be used to preserve and ensure access to such records, including electronic systems of records; ensure the protection of privacy of— individuals named in records and status of records under section 552 of title 5 (commonly referred to as the “Freedom of Information Act”) and section 552a of title 5 (commonly referred to as the “Privacy Act”); and individuals named in restricted reporting cases; designate the 1 or more positions within the Coast Guard that shall have the responsibility for such record retention by the Coast Guard; require education and training for members and civilian employees of the Coast Guard on record retention requirements under this section; set forth criteria for access to such records relating to covered misconduct involving members of the Coast Guard, including whether the consent of the victim should be required, by— victims of covered misconduct; law enforcement authorities; the Department of Veterans Affairs; and other individuals and entities, including alleged assailants; require uniform collection of data on— the incidence of covered misconduct in the Coast Guard; and disciplinary actions taken in substantiated cases of covered misconduct in the Coast Guard; and set forth standards for communications with, and notifications to, victims, consistent with— the requirements of any applicable Department of Defense policy; and to the extent practicable, any applicable policy of the department in which the Coast Guard is operating. The comprehensive policy required by subsection (a) shall require all unique or original copies of Coast Guard Form 6095 filed in connection with a restricted or unrestricted report on an alleged incident of rape or sexual assault, as described in sections 920(a) and 920(b) of title 10 (articles 120(a) and 120(b) of the Uniform Code of Military Justice), involving a member of the Coast Guard to be retained for the longer of— 50 years commencing on the date of signature of the covered person on Coast Guard Form 6095; or the time provided for the retention of such form in connection with unrestricted and restricted reports on incidents of sexual assault involving members of the Coast Guard under Coast Guard policy. Any Coast Guard form retained under subparagraph (A) shall be retained in a manner that protects the confidentiality of the member of the Coast Guard concerned in accordance with Coast Guard policy. The comprehensive policy required by subsection (a) shall require, for all criminal investigations relating to an alleged incident of covered misconduct involving a member of the Coast Guard, the retention of all elements of the case file. The elements of the case file to be retained under subparagraph (A) shall include, at a minimum— the case activity record; the case review record; investigative plans; and all case notes made by any investigating agent. All elements of the case file shall be retained for not less than 50 years for cases involving rape or sexual assault, as described in sections 920(a) and 920(b) of title 10 (articles 120(a) and 120(b) of the Uniform Code of Military Justice), and not less than the statute of limitations of the alleged offense under the Uniform Code of Military Justice for other covered misconduct, and no element of any such case file may be destroyed until the expiration of such period. Notwithstanding the records and evidence retention requirements described in paragraphs (1)(E) and (2), personal property retained as evidence in connection with an incident of rape or sexual assault, as described in sections 920(a) and 920(b) of title 10 (articles 120(a) and 120(b) of the Uniform Code of Military Justice), involving a member of the Coast Guard may be returned to the rightful owner of such property after the conclusion of all legal, adverse action, and administrative proceedings related to such incident, as determined by the Commandant. The Secretary shall prescribe procedures under which a victim who files a restricted report of an incident of sexual assault may request, at any time, the return of any personal property of the victim obtained as part of the sexual assault forensic examination. The procedures required by subparagraph (A) shall ensure that— a request by a victim for the return of personal property described under subparagraph (A) may be made on a confidential basis and without affecting the restricted nature of the restricted report; and at the time of the filing of the restricted report, a Special Victims’ Counsel, Sexual Assault Response Coordinator, or Sexual Assault Prevention and Response Victim Advocate— informs the victim that the victim may request the return of personal property as described in such subparagraph; and advises the victim that such a request for the return of personal property may negatively impact a subsequent case adjudication if the victim later decides to convert the restricted report to an unrestricted report. Except with respect to personal property returned to a victim under this paragraph, nothing in this paragraph may be construed to affect the requirement to retain a sexual assault forensic examination kit for the period specified in paragraph (2). With respect to victim access to records after all final disposition actions and any appeals have been completed, as applicable, the comprehensive policy required by subsection (a) shall provide that, to the maximum extent practicable, and in such a manner that will not jeopardize an active investigation or an active case— a victim of covered misconduct in a case in which either the victim or alleged perpetrator is a covered person shall have access to all records that are directly related to the victim’s case, or related to the victim themselves, in accordance with the policy issued under subsection (a) and subject to required protections under sections 552 and 552a of title 5; a victim of covered misconduct who requests access to records under section 552 or 552a of title 5 concerning the victim’s case shall be determined to have a compelling need, and the records request shall be processed under expedited processing procedures, if in the request for such records the victim indicates that the records concerned are related to the covered misconduct case; in applying sections 552 and 552a of title 5 to the redaction of information related to a records request by a victim of covered misconduct made under such sections after all final disposition actions and any appeals have been completed— any such redaction shall be applied to the minimum extent possible so as to ensure the provision of the maximum amount of unredacted information to the victim that is permissible by law; and any such redaction shall not be applied to— receipt by the victim of the victim’s own statement; or the victim’s information from an investigation; and in the case of such a records request for which the timelines for expedited processing are not met, the Commandant shall provide to the Secretary, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives in person and in writing a briefing that explains the reasons for the denial or the delay in processing, as applicable.

(d) Definition of Covered Person.— In this section, the term “covered person” includes— a member of the Coast Guard on active duty; a member of the Coast Guard Reserve with respect to crimes investigated by or reported to the Secretary on any date on which such member is in a military status under section 802 of title 10 (article 2 of the Uniform Code of Military Justice); a former member of the Coast Guard with respect to crimes investigated by or reported to the Secretary; and in the case of an investigation of covered misconduct conducted by, or an incident of covered misconduct reported to, the Coast Guard involving a civilian employee of the Coast Guard, any such civilian employee of the Coast Guard.

(e) Savings Clause.— Nothing in this section authorizes or requires, or shall be construed to authorize or require, the discovery, inspection, or production of reports, memoranda, or other internal documents or work product generated by counsel, an attorney for the Government, or their assistants or representatives.

§ 2532 Requirement to maintain certain records

(a) In General.— The Commandant shall maintain all work product related to documenting a disposition decision on an investigation by the Coast Guard Investigative Service or other law enforcement entity investigating a Coast Guard member accused of an offense against chapter 47 of title 10.

(b) Record Retention Period.— Work product documents and the case action summary described in subsection (c) shall be maintained for a period of not less than 7 years from the date of the disposition decision.

(c) Case Action Summary.— Upon a final disposition action for cases described in subsection (a), except for offenses of wrongful use or possession of a controlled substance under section 912a of title 10 (article 112a of the Uniform Code of Military Justice), where the member accused is an officer of pay grade O–4 and below or an enlisted member of pay grade E–7 and below, a convening authority shall sign a case action summary that includes the following: The disposition actions. The name and command of the referral authority. Records documenting when a referral authority consulted with a staff judge advocate or special trial counsel, as applicable, before a disposition action was taken, to include the recommendation of the staff judge advocate or special trial counsel. A reference section listing the materials reviewed in making a disposition decision. The Coast Guard Investigative Service report of investigation. The completed Coast Guard Investigative Service report of adjudication included as an enclosure.

(d) Definition.— In this section, the term “work product” includes— a prosecution memorandum; emails, notes, and other correspondence related to a disposition decision; and the contents described in paragraphs (1) through (6) of subsection (c).

(e) Savings Clause.— Nothing in this section authorizes or requires, or shall be construed to authorize or require, the discovery, inspection, or production of reports, memoranda, or other internal documents or work product generated by counsel, an attorney for the Government, or their assistants or representatives.

§ 2533 Covered misconduct in Coast Guard

(a) In General.— Not later than March 1 each year, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on incidents of covered misconduct involving members of the Coast Guard, including recruits and officer candidates, and claims of retaliation related to the reporting of any such incident.

(b) Continuity of Data and Reporting.— In carrying out this section, the Commandant shall ensure the continuity of data collection and reporting such that the ability to analyze trends is not compromised.

(c) Contents.— Each report required under subsection (a) shall include, for the preceding calendar year, information and data on— incidents of covered misconduct; and incidents of retaliation against a member of the Coast Guard related to the reporting of covered misconduct, disaggregated by type of retaliation claim. The information and data on the incidents described in clause (i) shall include the following: All incidents of covered misconduct and retaliation described in clause (i) reported to the Commandant or any other official of the Coast Guard during the preceding calendar year (referred to in this subsection as a “reported incident”). The number of reported incidents committed against members of the Coast Guard. The number of reported incidents committed by members of the Coast Guard. Information on reported incidents, in accordance with the policy prescribed under section 549G(b) of the National Defense Authorization Act for Fiscal Year 2022 ( 10 U.S.C. 1561 note), to the maximum extent practicable. The number of reported incidents that were entered into the Catch a Serial Offender system, including the number of such incidents that resulted in the identification of a potential or confirmed match. The number of reported incidents that were substantiated (referred to in this subsection as a “substantiated reported incident”). A synopsis of each substantiated reported incident that includes— a brief description of the nature of the incident; whether the accused member has previously been convicted of sexual assault; and whether alcohol or other controlled or prohibited substances were involved in the incident, and a description of the involvement. The type of case disposition associated with each substantiated reported incident, such as— conviction and sentence by court-martial, including charges and specifications for which convicted; acquittal of all charges at court-martial; as appropriate, imposition of a nonjudicial punishment under section 815 of title 10 (article 15 of the Uniform Code of Military Justice); as appropriate, administrative action taken, including a description of each type of such action imposed; dismissal of all charges, including a description of each reason for dismissal and the stage at which dismissal occurred; and whether the accused member was administratively separated or, in the case of an officer, allowed to resign in lieu of court-martial, and the characterization (honorable, general, or other than honorable) of the service of the member upon separation or resignation. With respect to any incident of covered misconduct reported to the Commandant or any other official of the Coast Guard during the preceding calendar year that involves a report of retaliation relating to the incident— a narrative description of the retaliation claim; the nature of the relationship between the complainant and the individual accused of committing the retaliation; and the nature of the relationship between the individual accused of committing the covered misconduct and the individual accused of committing the retaliation. The disposition of or action taken by the Coast Guard or any other Federal, State, local, or Tribal entity with respect to a substantiated reported incident. With respect to any investigation of a reported incident— the status of the investigation or information relating to any referral to outside law enforcement entities; the official or office of the Coast Guard that received the complaint; a description of the results of such an investigation or information with respect to whether the results of the investigation were provided to the complainant; or whether the investigation substantiated an offense under chapter 47 of title 10 (the Uniform Code of Military Justice). With respect to the information and data required under clause (i), the Commandant shall report such information and data separately for each type of covered misconduct offense, and shall not aggregate the information and data for multiple types of covered misconduct offenses. Subject to subsection (b), beginning on the date of enactment of the Coast Guard Authorization Act of 2025, each report required by subsection (a) shall include, for the preceding calendar year, an analysis or assessment of trends in the occurrence, as applicable, of incidents described in subparagraph (A)(i), since the date of enactment of the Coast Guard and Maritime Transportation Act of 2012 ( Public Law 112–213 ). Each report required under subsection (a) shall include, for the preceding calendar year, a description of the policies, procedures, processes, initiatives, investigations (including overarching investigations), research, or studies implemented by the Commandant in response to any incident described in subparagraph (A)(i) involving a member of the Coast Guard. Each report required under subsection (a) shall include a plan for actions to be taken during the year following the year covered by the report to enhance the prevention of and response to incidents described in subparagraph (A)(i) involving members of the Coast Guard. Each report required under subsection (a) shall include an assessment of the adequacy of covered misconduct prevention and response activities related to incidents described in subparagraph (A)(i) carried out by the Coast Guard during the preceding calendar year. Each report required under subsection (a) shall include, for incidents described in subparagraph (A)(i)— an analysis of the factors that may have contributed to such incidents; an assessment of the role of such factors in contributing to such incidents during such year; and recommendations for mechanisms to eliminate or reduce such contributing factors. Subject to subsection (b), each report required under subsection (a) shall include, as a separate appendix or enclosure, for the preceding calendar year, information and data on— incidents of covered misconduct involving a recruit of the Coast Guard at Training Center Cape May or an officer candidate at the Coast Guard Officer Candidate School; and incidents of retaliation against such a recruit or officer candidate related to the reporting of covered misconduct, disaggregated by type of retaliation claim. The information and data on the incidents described in clause (i) shall include the following: All incidents of covered misconduct and retaliation described in clause (i) reported to the Commandant or any other official of the Coast Guard during the preceding calendar year (referred to in this subsection as a “reported incident”). The number of reported incidents committed against recruits and officer candidates described in clause (i)(I). The number of reported incidents committed by such recruits and officer candidates. Information on reported incidents, in accordance with the policy prescribed under section 549G(b) of the National Defense Authorization Act for Fiscal Year 2022 ( 10 U.S.C. 1561 note), to the maximum extent practicable. The number of reported incidents that were entered into the Catch a Serial Offender system. Of such reported incidents entered into such system, the number that resulted in the identification of a potential or confirmed match. The number of reported incidents that were substantiated (referred to in this subsection as a “substantiated reported incident”). A synopsis of each substantiated reported incident that includes— a brief description of the nature of the incident; and whether alcohol or other controlled or prohibited substances were involved in the incident, and a description of the involvement. The type of case disposition associated with each substantiated reported incident, such as— conviction and sentence by court-martial, including charges and specifications for which convicted; acquittal of all charges at court-martial; as appropriate, imposition of a nonjudicial punishment under section 815 of title 10 (article 15 of the Uniform Code of Military Justice); as appropriate, administrative action taken, including a description of each type of such action imposed; dismissal of all charges, including a description of each reason for dismissal and the stage at which dismissal occurred; and whether the accused member was administratively separated or, in the case of an officer, allowed to resign in lieu of court-martial, and the characterization (honorable, general, or other than honorable) of the service of the member upon separation or resignation. With respect to any incident of covered misconduct involving recruits or officer candidates reported to the Commandant or any other official of the Coast Guard during the preceding calendar year that involves a report of retaliation relating to the incident— a narrative description of the retaliation claim; the nature of the relationship between the complainant and the individual accused of committing the retaliation; and the nature of the relationship between the individual accused of committing the covered misconduct and the individual accused of committing the retaliation. The disposition of or action taken by the Coast Guard or any other Federal, State, local, or Tribal entity with respect to a substantiated reported incident. With respect to any investigation of a reported incident— the status of the investigation or information relating to any referral to outside law enforcement entities; the official or office of the Coast Guard that received the complaint; a description of the results of such an investigation or information with respect to whether the results of the investigation were provided to the complainant; or whether the investigation substantiated an offense under chapter 47 of title 10 (the Uniform Code of Military Justice). With respect to the information and data required under clause (i), the Commandant shall report such information and data separately for each type of covered misconduct offense, and shall not aggregate the information and data for multiple types of covered misconduct offenses. Subject to subsection (b), beginning on the date of enactment of Coast Guard Authorization Act of 2025, each report required by subsection (a) shall include, for the preceding calendar year, an analysis or assessment of trends in the occurrence, as applicable, of incidents described in subparagraph (A)(i), since the date of enactment of the Coast Guard and Maritime Transportation Act of 2012 ( Public Law 112–213 ). Each report required under subsection (a) shall include, for the preceding calendar year, a description of the policies, procedures, processes, initiatives, investigations (including overarching investigations), research, or studies implemented by the Commandant in response to any incident described in subparagraph (A)(i) involving— a recruit of the Coast Guard at Training Center Cape May; or an officer candidate at the Coast Guard Officer Candidate School. Each report required under subsection (a) shall include a written and detailed plan for actions to be taken during the year following the year covered by the report to enhance the prevention of and response to incidents described in subparagraph (A)(i) involving a recruit of the Coast Guard at Training Center Cape May or an officer candidate at the Coast Guard Officer Candidate School. Each report required under subsection (a) shall include an assessment of the adequacy of covered misconduct prevention and response activities related to incidents described in subparagraph (A)(i) of this paragraph carried out by the Coast Guard during the preceding calendar year. Each report required under subsection (a) shall include, for incidents described in subparagraph (A)(i)— an analysis of the factors that may have contributed to such incidents; an assessment of the role of such factors in contributing to such incidents during such year; and recommendations for mechanisms to eliminate or reduce such contributing factors. Each report required under subsection (a) submitted during the 5-year period beginning on March 1, 2025 , shall include information on the implementation by the Commandant of the directed actions described in the memorandum of the Coast Guard titled “Commandant’s Directed Actions—Accountability and Transparency”, issued on November 27, 2023 , including— a description of actions taken to address each directed action during the year covered by the report; the implementation status of each directed action; in the case of any directed action that has not been implemented— a detailed action plan for implementation of the recommendation; an estimated timeline for implementation of the recommendation; description of changes the Commandant intends to make to associated Coast Guard policies so as to enable the implementation of the recommendation; and any other information the Commandant considers appropriate; a description of the metrics and milestones used to measure completion, accountability, and effectiveness of each directed action; a description of any additional actions the Commandant is taking to mitigate instances of covered misconduct within the Coast Guard; any legislative change proposal necessary to implement the directed actions; and a detailed list of funding necessary to implement the directed actions in a timely and effective manner, including a list of personnel needed for such implementation.

(d) Victim Confidentiality.— To the extent that information collected under the authority of this section is reported or otherwise made available to the public, such information shall be provided in a form that is consistent with applicable privacy protections under Federal law and does not jeopardize the confidentiality of victims.

(e) Substantiated Defined.— In this section, the term “substantiated” has the meaning given the term under section 1631(c) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( 10 U.S.C. 1561 note).

§ 2534 Review of discharge characterization

(a) Downgrade.— The decision to conduct a case review under this section shall be at the discretion of the Secretary of the department in which the Coast Guard is operating. In addition to the requirements of section 1553 of title 10 , a board of review for a former member of the Coast Guard established pursuant to such section and under part 51 of title 33, Code of Federal Regulations (as in effect on the date of enactment of the Coast Guard Authorization Act of 2025), may upon a motion of the board and subject to review by the Secretary of the department in which the Coast Guard is operating, downgrade an honorable discharge to a general (under honorable conditions) discharge upon a finding that a former member of the Coast Guard, while serving on active duty as a member of the armed forces, committed sexual assault or sexual harassment in violation of section 920, 920b, or 934 of title 10 (article 120, 120b, or 134 of the Uniform Code of Military Justice). Any downgrade under paragraph (2) shall be supported by clear and convincing evidence. The review board under paragraph (2) may not downgrade a discharge of a former member of the Coast Guard if the same action described in paragraph (2) was considered prior to separation from active duty by an administrative board in determining the characterization of discharge as otherwise provided by law and in accordance with regulations prescribed by the Secretary of the department in which the Coast Guard is operating.

(b) Procedural Rights.— A review by a board established under section 1553 of title 10 and under part 51 of title 33, Code of Federal Regulations (as in effect on the date of enactment of the Coast Guard Authorization Act of 2025), shall be based on the records of the Coast Guard, and with respect to a member who also served in another one of the armed forces, the records of the armed forces concerned and such other evidence as may be presented to the board. A witness may present evidence to the board in person or by affidavit. A person who requests a review under this section may appear before the board in person or by counsel or an accredited representative of an organization recognized by the Secretary of Veterans Affairs under chapter 59 of title 38. A former member of the Coast Guard who is subject to a downgrade in discharge characterization review under subsection (a) shall be notified in writing of such proceedings, afforded the right to obtain copies of records and documents relevant to the proceedings, and the right to appear before the board in person or by counsel or an accredited representative of an organization recognized by the Secretary of Veterans Affairs under chapter 59 of title 38.

§ 2535 Safe-to-Report policy for Coast Guard

(a) In General.— Not later than 90 days after the date of enactment of the Coast Guard Authorization Act of 2025, the Commandant shall, in consultation with the Secretaries of the military departments, establish and maintain a detailed and publicly available safe-to-report policy described in subsection (b) that applies with respect to all members of the Coast Guard (including members of the reserve and auxiliary components of the Coast Guard), cadets at the Coast Guard Academy, and any other individual undergoing training at an accession point of the Coast Guard.

(b) Safe-to-Report Policy.— The safe-to-report policy described in this subsection is a policy that— prescribes the handling of minor collateral misconduct, involving a member of the Coast Guard who is the alleged victim or reporting witness of a sexual assault; and applies to all such individuals, regardless of— to whom the victim makes the allegation or who receives the victim’s report of sexual assault; or whether the report, investigation, or prosecution is handled by military or civilian authorities.

(c) Mitigating and Aggravating Circumstances.— In issuing the policy under subsection (a), the Commandant shall specify mitigating circumstances that decrease the gravity of minor collateral misconduct or the impact of such misconduct on good order and discipline and aggravating circumstances that increase the gravity of minor collateral misconduct or the impact of such misconduct on good order and discipline for purposes of the safe-to-report policy.

(d) Tracking of Collateral Misconduct Incidents.— In conjunction with the issuance of the policy under subsection (a), the Commandant shall develop and implement a process to anonymously track incidents of minor collateral misconduct that are subject to the safe-to-report policy.

(e) Minor Collateral Misconduct Defined.— In this section, the term “minor collateral misconduct” means any minor misconduct that is potentially punishable under chapter 47 of title 10 that— is committed close in time to or during a sexual assault and directly related to the incident that formed the basis of the allegation of sexual assault allegation; is discovered as a direct result of the report of sexual assault or the ensuing investigation into such sexual assault; and does not involve aggravating circumstances (as specified in the policy issued under subsection (a)) that increase the gravity of the minor misconduct or the impact of such misconduct on good order and discipline.

§ 2536 Notification of changes to Uniform Code of Military Justice or Manual for Courts 11 So in original. Probably should be followed by a hyphen. Martial relating to covered misconduct

Beginning on March 30, 2026 , and annually thereafter, the Commandant shall provide a detailed written notification to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives with respect to each of the following: Whether the Uniform Code of Military Justice (chapter 47 of title 10) has been amended— to add any sex-related offense as a new article; or to remove an article relating to covered misconduct described in any of paragraphs (1) through (7) of section 301. 2 Whether the Manual for Courts 1 Martial has been modified— to add any sex-related offense as an offense described under an article of the Uniform Code of Military Justice; or to remove as an offense described under an article of the Uniform Code of Military Justice covered misconduct described in any of paragraphs (1) through (7) of section 301. 2 (Added Pub. L. 119–60, div. G, title LXXV, § 7511(a) , Dec. 18, 2025 , 139 Stat. 1804 .)

§ 2537 Accountability and transparency relating to allegations of misconduct against senior leaders

(a) In General.— Not later than 90 days after the date of enactment of the Coast Guard Authorization Act of 2025, the Secretary shall establish a publicly available, written policy to improve oversight, investigations, accountability, and public transparency regarding alleged misconduct of senior leaders of the Coast Guard.

(b) Elements.— The policy required by subsection (a)— shall require that— any allegation of alleged misconduct made against a senior leader of the Coast Guard shall be reported to the Office of the Inspector General of the department in which the Coast Guard is operating not later than 72 hours after the allegation is reported to the Coast Guard or the department in which the Coast Guard is operating; and the Inspector General of the department in which the Coast Guard is operating shall notify the head of the Coast Guard office in which the senior leader is serving with respect to the receipt of such allegation, or, in a case where the senior leader is the head of such Coast Guard office, the next in the chain of command, as appropriate, except in a case in which the Inspector General determines that such notification would risk impairing an ongoing investigation, would unnecessarily compromise the anonymity of the individual making the allegation, or would otherwise be inappropriate; and to the extent practicable, shall be consistent with Department of Defense directives, including Department of Defense Directive 5505.06.

(c) First Right to Exclusive Investigation.— The Inspector General of the department in which the Coast Guard is operating— shall have the first right to investigate an allegation described in subsection (b)(1)(A); and in cases with concurrent jurisdiction involving an allegation described in subsection (b)(1)(A), may investigate such an allegation to the exclusion of any other Coast Guard criminal or administrative investigation if the Inspector General determines that an exclusive investigation is necessary to maintain the integrity of the investigation.

(d) Public Availability and Broad Dissemination.— The policy established under subsection (a) shall be made available to the public and incorporated into training and curricula across the Coast Guard at all levels to ensure broad understanding of the policy among members and personnel of the Coast Guard.

(e) Definitions.— In this section: The term “alleged misconduct”— means a credible allegation that, if proven, would constitute a violation of— a provision of criminal law, including the Uniform Code of Military Justice (chapter 47 of title 10); or a recognized standard, such as the Department of Defense Joint Ethics Regulation or other Federal regulation, including any other Department of Defense regulation and any Department of Homeland Security regulation; or could reasonably be expected to be of significance to the Secretary or the Inspector General of the department in which the Coast Guard is operating, particularly in a case in which there is an element of misuse of position or of unauthorized personal benefit to the senior official, a family member, or an associate. The term “senior leader of the Coast Guard” means— an active duty, retired, or reserve officer of the Coast Guard in the grade of O–7 or higher; an officer of the Coast Guard selected for promotion to the grade of O–7; a current or former civilian member of the Senior Executive Service (career reserved) employed by the Coast Guard; or any civilian member of the Coast Guard whose position is deemed equivalent to that of a member of the Senior Executive Service (career reserved), as determined by the Office of the Inspector General of the department in which the Coast Guard is operating.

§ 2538 Inclusion and command review of information on covered misconduct in personnel service records

(a) Information on Reports on Covered Misconduct.— If a complaint of covered misconduct is made against a member of the Coast Guard and the member is convicted by court-martial or receives nonjudicial punishment or punitive administrative action for such covered misconduct, a notation to that effect shall be placed in the personnel service record of the member, regardless of the grade of the member. The purpose of the inclusion of information in personnel service records under paragraph (1) is to alert supervisors and commanders to any member of their command who has received a court-martial conviction, nonjudicial punishment, or punitive administrative action for covered misconduct in order— to reduce the likelihood that repeat offenses will escape the notice of supervisors and commanders; and to help inform commissioning or promotability of the member; A notation under paragraph (1) may not be placed in the restricted section of the personnel service record of a member. Nothing in this subsection may be construed to prohibit or limit the capacity of a member of the Coast Guard to challenge or appeal the placement of a notation, or location of placement of a notation, in the personnel service record of the member in accordance with procedures otherwise applicable to such challenges or appeals.

(b) Command Review of History of Covered Misconduct.— Under policy to be prescribed by the Secretary, the commanding officer of a unit or facility to which a covered member is assigned or transferred shall review the history of covered misconduct as documented in the personnel service record of a covered member in order to become familiar with such history of the covered member. In this subsection, the term “covered member” means a member of the Coast Guard who, at the time of assignment or transfer as described in paragraph (1), has a history of 1 or more covered misconduct offenses as documented in the personnel service record of such member or such other records or files as the Commandant shall specify in the policy prescribed under subparagraph (A). 1

(c) Review of Personnel Service Record to Determine Suitability for Civilian Employment.— Under policy to be prescribed by the Secretary, the Commandant shall establish procedures that are consistent with the law, policies, and practices of the Department of Defense in effect on the date of enactment of the Coast Guard Authorization Act of 2025 to consider and review the personnel service record of a former member of the Armed Forces to determine the suitability of the individual for civilian employment in the Coast Guard.

§ 2539 Covered misconduct defined

In this title, the term “covered misconduct” means— rape and sexual assault, as described in sections 920(a) and 920(b) of title 10 (articles 120(a) and 120(b) of the Uniform Code of Military Justice); sexual harassment, as described in Executive Order 14062 dated January 26, 2022 , and enumerated under section 934 of title 10 (article 134 of the Uniform Code of Military Justice); abusive sexual contact and aggravated sexual contact, as described in sections 920(c) and 920(d) of title 10 (articles 120(c) and 120(d) of the Uniform Code of Military Justice); wrongful broadcast, dissemination, or creation of content as described in sections 917 1 and 920c of title 10 (articles 117a and 120c of the Uniform Code of Military Justice); the child pornography offenses as described in section 934 of title 10 (article 134 of the Uniform Code of Military Justice); rape and sexual assault of a child, other sexual misconduct, and stalking, as described in sections 920b, 920c(a), and 930 of title 10 (articles 120b, 120c, and 130 of the Uniform Code of Military Justice); and domestic violence, as described in section 928b of title 10 (article 128b of the Uniform Code of Military Justice). (Added Pub. L. 119–60, div. G, title LXXV, § 7511(a) , Dec. 18, 2025 , 139 Stat. 1806 .)